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BROOKS v. BANK OF BOULDER

Civ. A. No. 94-K-2689.

891 F.Supp. 1469 (1995)

John BROOKS and Lorraine Brooks, Plaintiffs, v. BANK OF BOULDER, Robert G. Joseph, Daniel F. Hatch, David D. Parrish, Steven K. Bosley, Charles Jensen, Bruce McDowell, and Thomas Ratterree, Defendants.

United States District Court, D. Colorado.

July 1, 1995.

Attorney(s) appearing for the Case

Douglas M. Tisdale and Theodore A. Ulrich, Popham, Haik, Schnobrich & Kaufman, Ltd., Denver, CO, for plaintiffs.

Joseph French, French & Stone, Boulder, CO, for Bank of Boulder.

David R. Eason, Berenbaum, Weinshienk & Eason, P.C., Denver, CO, for Bosley.

Susan M. Hargleroad, Pendleton & Sabian, Denver, CO, for Jensen, McDowell and Ratterree.

MEMORANDUM OPINION AND ORDER

KANE, Senior District Judge.

Plaintiffs, John and Lorraine Brooks, allege they were defrauded by a Ponzi scheme and check-kiting scheme orchestrated by M & L Business Machines Co. ("M & L"). Plaintiffs further allege the Bank of Boulder ("the Bank") aggravated their losses because it discovered the schemes and, rather than halting them and alerting investors, perpetuated the schemes in order to minimize its own losses...

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